7.2 Core requirements

114. There are several options for MSP design which are canvassed in this chapter. However, the Ministry considers that there needs to be a set of core rules relating to eligibility and to usage which are common to all options. Proposed common or core rules are noted below.

Eligibility requirements

115. The following options for eligibility requirements are put forward for discussion purposes:

1. As a general rule, a user may not own a majority interest (directly or through other holdings) in 2.3 and 2.5 GHz management rights.¹ That is, holders of management rights in 2.3 GHz and 2.5 GHz spectrum and associated parties are not eligible to participate in the 2.3 GHz and 2.5 GHz managed parks, except with the agreement of the Ministry. It is suggested that the Ministry should only grant exemptions in exceptional circumstances in order to better promote the objectives of a MSP.²
2. The user may not be an associated party with any other party exercising rights to use a MSP. Again an exceptions provision may be required. 
3. Users may only provide services in one region or area.³ (For licences in the 3.5 GHz band, an area is defined as up to 10 contiguous territorial local authorities).
4. The user undertakes to meet technical and usage requirements.

116. Users may be required to declare that they are eligible, and eligibility may be checked by the Ministry, prior to transmitting and at regular intervals.

Core technical and usage conditions

117. The following options for core technical and usage requirements are put forward for discussion purposes :

1. Users must coordinate with each other on technical operations with the objective of avoiding or minimising radio interference with other users of the park. Users must set up and convene a user group from time to time and as required in order to seek to resolve technical coordination issues.
2. Users must comply with technology specifications.
3. Users must register or notify the location and specifications of base sites, for example to the Ministry or the Registrar of Radio Frequencies.

Users must employ interference management techniques (for example “listen before talk”).

¹The purpose of a managed spectrum park is to provide for smaller local and regional services. If nation-wide rights holders are permitted to participate in MSPs there is a risk they will crowd-out alternative service providers. On the other hand, such restrictions are always difficult to define, monitor and enforce, it may be undesirable to preclude innovative joint venture arrangements, and the restriction of parties to one MSP “area” (see c) may be sufficient. 

²An exemption may also be required for CMAR services if these are permitted in a MSP (see discussion in chapter 3 - Considerations Regarding Lot Design